HomeMy WebLinkAbout2008 CON CDC Donald & Judy Healy / First American Title - Substitution of Trustee and Full ReconveyanceDOC # 2008-0463014
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RECORDING REQUESTED BY:
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AUG 28, 2008 4:27 PM
OFFICIAL RECORDS
SAN DIET I COUNTY RECORDERS OFFICE
GREGORY.J. SMITH. COUNTY RECORDER
FEES: 28.00 'WAYS:
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Recording Requested By:
FIRST AMERICAN TFI'LE
National Commercial Services
AND WHEN RECORDED MAIL TO
• Community Development Commissioo
Add,ess ot the City of National City
stale 1243 National City Blvd.,
.zip National City, CA 91950
L oan No. RR-1991-23
/0( -3 S')33 t1
SPACE ABOVE THIS LINE FOR RECORDER S USE
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
WHEREAS, Donald J. Healy & Judy L. Healy as the original Trustor, and First American Title Insurance Company as
he original Trustee, a:td Community Development Commission of the City of National City the original Benefit.iary
,Jnder that certain Deed of Trust. Dated May 30, 1991 and Recorded June 20, 1991 as Instrument No. 1991-0296473 in the
Official Records of the County ot San Diego State of California and more particularly described as follows
LOT 12 AND NORTH HALF OF LOT 13 OF JENNIE H. HO65ON SUBDIVISION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 1887, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 26, 1926 EXCEPTING THE EAST 10 FEET THEREOF. APN: 556-560-12-00
WHEREAS, tre u.idersiuned desires to substitute a new Trustee under said Deed of Trust in Place and instead of First
American Title nsurance Company. NOW, THEREFORE, the undersigned hereby substitutes Community
7eve'opmant Commission of the City of National City es Trustee under said Deed of Trust and does hereby
RECONVEY. WITHOUT WARRANTY;. to the person or persons legally entitled hereto, the Estate now held hereunder.
!mated: August 20, 2n08
S FATE OF CALIFORNIA }
COUNTY OF San Diego}
On August 2!J 2008 before me, Ingid Slettengren
Notary Public personally appeared — Jeanettet Ladrido wno
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is,are subscribed to the within
Instrum,,t anJ acknowledged to me that hers,te/they executed
the same in his'her/their authorized capacity(Ies), and that by
'i.s/her/they signature(s) on the instrument the person(s), or the
.entity upon nehalf of which the personis) acted, executed the
t. ,rument.
nertify undo, PENALTY OF PERJURY under the laws of the
State of . ahfornia '.hat th•,- foregoing pa ,:,graph is trot. and
correct.
,d'TNESS my nand and official seal.
Signature
Jean-tte Ladrido, Finance Director
Community Development Commission of the City of National City
INGRID L. SLETIEMGREN
COMM I1S10136
NOTARY PURIC-CALIFORNIA In
Ran Dire Cart
My Comm. Expires Apr. Ill, E009 E
FOR NOTARY STAMP OR SEMI_
RESOLUTION NO. 2008 — 133
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS
BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY FOR CASA FAMILIAR, INC.
WITH RESPECT TO THE PROPOSED ACQUISITION AND
REHABILITATION OF MULTIFAMILY HOUSING PROJECTS
WHEREAS, the California Statewide Communities Development Authority (the
"Authority"), of which the City of National City (the "City") is a member pursuant to the
provisions of that certain Amended and Restated Joint Exercise of Powers Agreement Relating
to the California Statewide Communities Development Authority, dated June 1, 1988 (the
"Agreement"), is authorized by the laws of the State of California (the "Law") to cause the
execution and delivery of taxable and tax-exempt obligations for the purpose of financing
educational and other facilities owned and operated by nonprofit public benefit corporations
located within the area of operation of the Authority; and
WHEREAS, Casa Familiar, Inc. (the "Borrower"), a nonprofit public benefit
corporation formed exclusively for charitable purposes, including providing affordable housing,
has requested the Authority to cause the issuance of tax-exempt obligations (the "Obligations")
in the approximate amount of $1,250,000, the proceeds of which will be applied to finance (i)
the acquisition, rehabilitation and equipping of an eight unit multifamily housing development
located at 1111 D Avenue, National City, California 91950 (the "D Avenue Project") to be owned
and operated by the Borrower and (ii) the acquisition, rehabilitation and equipping of a ten unit
multifamily housing development located at 1101-19 E Avenue, National City, California 91950
(the "E Avenue Project" and the D Avenue Project, the "Projects") to be owned and operated by
the Borrower; and
WHEREAS, the amount of Bonds allocable to the D Avenue Project shall not
exceed $650,000, and the amount of Bonds allocable to the E Avenue Project shall not exceed
$600,000; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the "Code")
requires that the "applicable elected representative" with respect to the Projects hold a public
hearing on the issuance and delivery of the Obligations; and
WHEREAS, the City Council, as the "applicable elected representatives" to hold
said public hearing, has held said public hearing at which all those interested in speaking with
respect to the financing of the Projects were heard; and
WHEREAS, Section 6586.5 of the California Government Code (the
"Government Code") requires that the City Council approve the financing upon a finding of
significant public benefit after a public hearing following publication of at least five days' written
notice in a newspaper of general circulation in the City; and
WHEREAS, the City Council has on the date hereof held a public hearing
following duly published notice thereof and all persons desiring to be heard have been heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, as follows:
Section 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct.
Resolution No. 2008 — 133
July 1, 2008
Page 2
Section 2. The City Council hereby approves the issuance of the Obligations with
respect to the proposed Projects by the Authority.
Section 3. The issuance and delivery of the Obligations shall be subject to the approval
of and execution by the Authority of all financing documents relating thereto to which the
Authority is a party and subject to the sale of the Obligations by the Authority.
Section 4. The Corporation shall be responsible for the payment of all present and
future costs in connection with the issuance of the Obligations, including, but not limited to, any
fees and expenses incurred by the City in anticipation of the issuance of the Obligations. The
payment of the principal, prepayment premium, if any, and purchase price of and interest on the
Obligations shall be solely the responsibility of the Corporation. The Obligations shall not
constitute a debt or obligation of the City.
Section 5. This Council hereby determines that it is appropriate for the Authority to
cause the issuance of the Obligations to finance the acquisition, rehabilitation, construction, and
development of the Projects, and hereby approves the issuance of the Obligations. It is the
purpose and intent of the Council that this resolution constitute approval of the Obligations for
the purposes of Section 9 of the Agreement.
Section 6. This Council hereby finds that the financing of the Projects will result in
significant public benefits to the citizens of the City pursuant to Section 6586 of the Government
Code, including demonstrable savings in effective interest rate, bond preparation, bond
underwriting, or bond issuance costs.
Section 7. The adoption of this Resolution is solely for the purpose of meeting the
requirements of the Code and the Government Code, and shall not be construed in any other
manner, the City nor its staff having fully reviewed or considered the financial feasibility of the
financing of the Projects or the expected operation of the Projects with regards to any State of
California statutory requirements, and such adoption shall not obligate, without further formal
action to be taken by this Council, (i) the City to provide financing to the Corporation for the
financing of the acquisition, construction and development of the Projects or to cause the
delivery of the Obligations for the purpose of such financing; or (ii) the City, or any department
of the City, to approve any application or request for, or take any other action in connection with
the ownership or operation of the Projects.
Section 8. The City Clerk shall forward a certified copy of this Resolution and a copy of
the affidavit of publication of the public hearing notice to:
Stephen G. Melikian
Jones Hall, A Professional Law Corporation
650 California Street, 18t Floor
San Francisco. CA 94108
Section 9. This Resolution shall take effect from and after the date of its passage and
adoption.
--- Signature Page to Follow --
Resolution No. 2008 — 133
July 1, 2008
Page 2
PASSED and ADOPTED this 1st day of July, 2008.
on Morrison, Mayor
ATTEST:
A
Mi ael R. Dalla ity Clerk
APPROVED AS TO FORM:
George . Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE July I , 2008 AGENDA ITEM NO.
16
ITEM TITLE
PUBLIC HEARING FOR THE ISSUANCE OF CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED
S1,250,000 IN CONNECTION WITH THE CASA FAMILIAR, INCORPORATED ACQUISITION
AND REHABILITATION PROJECT
PREPARED BY
Alfredo Ybarra (Ext. 4279)
DEPARTMENT
Community Development Department, Housing and
Grants Division
EXPLANATION
Pursuant to Section I47(d) of the Internal Revenue Code and Section 6586.5 of the California Government Code, the
City Council is being asked to hold a public hearing to provide an opportunity for all interested persons to speak or to
submit written comments concerning the proposal to issue the debt and the nature or location of the project.
The California Statewide Communitics Development Authority (CSCDA) proposes to issue multifamily housing
revenue bonds in the amount not to exceed $1,250,000 and to lend the proceeds to Casa Familiar, Inc., a California
nonprofit public benefit corporation. the proceeds of which will be applied to finance (i) the acquisition, rehabilitation
and equipping of an eight unit multifamily housing development located at 1111 1) Avenue, National City, California
91950 (the "D Avenue Project") to be owned and operated by Casa Familiar, Inc., a California nonprofit public benefit
corporation (the "Borrower") and (ii) the acquisition, rehabilitation and equipping of a ten unit multifamily housing
development located at 1101-19 R Avenue, National City, California 91950 (the " E Street Project") to be owned and
operated by the Borrower.
Environmental Review N/A
Financial Statement
There is no liscal impact associated with this request.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
N/A
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
Background Report
A-200 (9/99)